Strouse v. Webcor Construction, L.P.Annotate this Case
Webcor, the general contractor for the rehabilitation of the California Memorial Football Stadium in Berkeley, hired ACCO to perform ventilation and plumbing services. Strouse, an ACCO employee, suffered a workplace injury when his leg fell into a 12-inch deep expansion joint after the plywood safety cover gave way. He sued Webcor for negligence. Webcor filed a cross-complaint against ACCO for indemnity. A jury found Webcor 100 percent liable for Strouse’s injuries. The court of appeal affirmed, upholding the trial court’s use of a jury instruction (CACI 1009B), which omits any language that a hirer “affirmatively contribute” to the plaintiff’s injury, and uses “substantial factor” causation in lieu of “affirmative contribution.” Counsels’ arguments properly directed the jury to determine whether Webcor affirmatively contributed to the injury and there was no indication of jury confusion. The court rejected an argument that the trial court erroneously instructed on negligence per se based on regulations promulgated under the California Occupational Safety and Health Act. The undisputed evidence established that Webcor affirmatively contributed to Strouse’s injuries, and the jury apportioned no fault to ACCO or Strouse, so the failure to instruct the jury regarding the precise language of “affirmative contribution,” even if erroneous, was harmless.